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Northwest Immigrant Rights Project v. Sessions

United States District Court, W.D. Washington, Seattle

December 19, 2017

NORTHWEST IMMIGRANT RIGHTS PROJECT, et al., Plaintiffs,
v.
JEFFERSON B SESSIONS, III, et al., Defendants.

          ORDER

          THE HONORABLE RICHARD A. JONES UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION

         This matter comes before the Court on the Government's Motion to Dismiss. Dkt. # 67. Plaintiffs Northwest Immigrant Rights Project (“NWIRP”) and Yuk Man Maggie Cheng (collectively, “Plaintiffs”) oppose the motion. Dkt. # 75. Having considered the pleadings[1] and balance of the record, the Court finds oral argument unnecessary. For the reasons set forth below, the Court GRANTS in part and DENIES in part the Government's motion.

         II. BACKGROUND

         On July 27, 2017, the Court entered a preliminary injunction barring the Government from enforcing 8 C.F.R. § 1003.102(t) (“the Regulation”) on a nation-wide basis. Dkt. # 66. In its Order, the Court detailed the likelihood that Plaintiffs would succeed on the merits of their as-applied First Amendment challenge but showed skepticism that Plaintiffs would succeed on their remaining claims. Id. The Government now moves the Court to dismiss all Plaintiffs' constitutional challenges to the Regulation.

         III. LEGAL STANDARD

         A. FRCP 12(b)(1)

         Federal courts are tribunals of limited jurisdiction and may only hear cases authorized by the Constitution or a statutory grant. Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 377 (1994). The burden of establishing subject-matter jurisdiction rests upon the party seeking to invoke federal jurisdiction. Id. Once it is determined that a federal court lacks subject-matter jurisdiction, the court has no choice but to dismiss the suit. Arbaugh v. Y & H Corp., 546 U.S. 500, 514 (2006); Fed.R.Civ.P. 12(h)(3) (“If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action.”).

         A party may bring a factual challenge to subject-matter jurisdiction, and in such cases the court may consider materials beyond the complaint. PW Arms, Inc. v. United States, 186 F.Supp.3d 1137, 1142 (W.D. Wash. 2016) (citing Savage v. Glendale Union High Sch., 343 F.3d 1036, 1039 n. 2 (9th Cir. 2003); see also McCarthy v. United States, 850 F.2d 558, 560 (9th Cir. 1988) (“Moreover, when considering a motion to dismiss pursuant to Rule 12(b)(1) the district court is not restricted to the face of the pleadings, but may review any evidence, such as affidavits and testimony, to resolve factual disputes concerning the existence of jurisdiction.”).

         B. FRCP 12(b)(6)

         Fed. R. Civ. P. 12(b)(6) permits a court to dismiss a complaint for failure to state a claim. The rule requires the court to assume the truth of the complaint's factual allegations and credit all reasonable inferences arising from those allegations. Sanders v. Brown, 504 F.3d 903, 910 (9th Cir. 2007). A court “need not accept as true conclusory allegations that are contradicted by documents referred to in the complaint.” Manzarek v. St. Paul Fire & Marine Ins. Co., 519 F.3d 1025, 1031 (9th Cir. 2008). The plaintiff must point to factual allegations that “state a claim to relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 568 (2007). If the plaintiff succeeds, the complaint avoids dismissal if there is “any set of facts consistent with the allegations in the complaint” that would entitle the plaintiff to relief. Id. at 563; Ashcroft v. Iqbal, 556 U.S. 662, 679 (2009).

         A court typically cannot consider evidence beyond the four corners of the complaint, although it may rely on a document to which the complaint refers if the document is central to the party's claims and its authenticity is not in question. Marder v. Lopez, 450 F.3d 445, 448 (9th Cir. 2006). A court may also consider evidence subject to judicial notice. United States v. Ritchie, 342 F.3d 903, 908 (9th Cir. 2003).

         IV. DISCUSSION

         A. Statute ...


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